Writ Petition No. 37470 of 2012 · Andhra Pradesh High Court
Case at a glance
- Bench
- RAMESH RANGANATHAN
Outcome
Disposed of
The Writ Petition stands disposed of accordingly
Provisions considered
Judgment
WRIT PETITION No.37470 of 2012 The petitioner claims to be in possession of an extent of 220 square yards of land in Survey No.551. The respondents had, hitherto, issued proceedings dated 08.07.2012 seeking to evict the petitioner from the subject land in Survey No.551. The petitioner submitted her reply thereto
contending that she had purchased the house from one Smt.T.Yellamma, who is the mother of the vendor and constructed the house; and she had purchased the house on 13.02.2009 after verifying the house tax receipts. It is the case of the petitioner that she was evicted from the house without even putting her on notice, and without giving her an opportunity of being heard. In the counter affidavit it is stated that, since the petitioner was not available, a copy of the notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, the Act) dated 19.07.2012, with respect to the petitioner’s plot in Survey No.698 for an extent of 300 square yards, (which was allotted to a Kabresthan), was pasted on the walls of her house and, thereafter, proceedings dated 06.08.2012, under Section 6 of the Act, was issued authorizing the Mandal Revenue Inspector to evict the petitioner and forfeit the furniture, building and other things in the encroached land in favour of the Government.
It is not in dispute that the petitioner was not served a copy of the notice. It is the case of the respondents that the notice was fixed on the door of the house. It is indeed curious that, while the earlier notice issued by the respondents on 08.07.2012 was served on the petitioner’s husband, the present notice under Section 7 of the Act was not served either on the petitioner or on her husband. It is wholly unnecessary for this Court to delve on this aspect any further as a copy of the said notice, issued under Section 7 of the Act, is enclosed along with the Writ Petition. As the subject land is stated, by the learned Counsel for the petitioner, merely to be of an extent of 120 square yards, over which the petitioner claims to have raised a hut, the impugned proceedings dated 06.08.2012, issued under Section 6 of the Act, is set aside. The petitioner shall, within two weeks from today, furnish her reply to the notice issued under Section 7 of the Act dated 19.07.2012.
Operative part
In case the petitioner files her objections, within the time stipulated hereinabove, the respondents shall consider the same and pass orders afresh in accordance with law. It is made clear that, in case the petitioner fails to submit her objections within the time stipulated hereinabove, it is always open to the respondents to pass orders afresh, under Section 6 of the Act, in accordance with law. The Writ Petition stands disposed of accordingly. The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs. ______________________________
(RAMESH RANGANATHAN, J)
18.12.2012 Note: Issue C.C by 21.12.2012. B/o.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petition stands disposed of accordingly
Which statutory provisions did this judgment involve?
Andhra Pradesh Land Encroachment Act, 1905 — s. 7.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.